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Westerville City Zoning Code

CHAPTER 1128

Planned Residential District PRD

1128.01 PURPOSE.

   The purpose of the Planned Residential District is to allow a variety of different lot sizes in the development of traditional single family subdivisions of low density single family homes and customary supporting residential facilities, such as schools, churches and parklands.
(Ord. 95-36. Passed 6-20-95.)

1128.02 PERMITTED AND CONDITIONAL USES.

   Permitted and conditional uses for the Planned Residential District are the same as those for the R and R-1 Single Family District.
(Ord. 95-36. Passed 6-20-95.)

1128.03 DEVELOPMENT STANDARDS.

   (a)   Lot Requirements in the Planned Residential Districts are:
      (1)   Lot area. In a Planned Residential District (PRD), no dwelling or structure shall be located on a lot having an area of less than 10,000 square feet, a minimum of 20% of the lots shall be 20,000 square feet, and the average lot size for such development shall be no less than 15,000 square feet. The average lot size for Planned Residential District shall be computed by dividing the gross square footage of the development, exclusive of street right-of-ways, reserve areas, and other dedicated areas as determined by Planning Commission, by the number of residential lots within the development.
      (2)   Minimum lot width. Eighty feet; One hundred feet for corner lots, located on publicly dedicated right-of-ways. Lot widths must be designed to ensure the mixture of footage widths is proportional to the type of R and R-1 lots in the plan.
      (3)   Minimum lot depth. One hundred and fifty feet for lots backing onto an arterial street.
      (4)   Minimum front yard. Thirty feet; 40 feet for structures on lots located on major or minor arterials and major collectors as designated by the Official Thoroughfare Plan.
      (5)   Minimum side yard. Ten feet.
      (6)   Minimum rear yard. Thirty feet; fifty feet for lots backing onto an arterial street, thirty feet for decks and patios thirty inches in height or less above the adjacent grade prior to construction for lots backing onto an arterial street; twenty-five feet for accessory buildings, decks/patios thirty inches in height or less above the adjacent grade prior to construction.
      (7)   Maximum lot coverage. Twenty-five percent (25%).
   (b)   Building Requirements for Each Dwelling in the Planned Residential District are: Maximum height: 35 feet.
   (c)   Site Development Requirements for Each Dwelling in the Planned Residential District are:
      (1)   Parking. At least two parking spaces, one of which must be enclosed.
      (2)   All applicable subdivision regulations and sign, parking and landscaping regulations of this Zoning Ordinance must be satisfied.
(Ord. 98-65A. Passed 10-6-98.)

1128.04 PLAN CONTENTS AND REQUIREMENTS.

   (a)   As part of the request for rezoning to a Planned Residential District, a Preliminary Plan must be submitted to the Planning Commission along with the text of all applicable development standards. City Council must approve the zoning change, Preliminary Plan and Development Standards Text. A Zoning Certificate will not be issued for any site or sites until a Development Plan is approved by the Planning Commission and found in conformance with the adopted Preliminary Plan and Development Standards.
      (1)   Preliminary Plan. the Preliminary Plan is a conceptual plan submitted at the time of a request for rezoning generally describing the proposed uses for the site to be rezoned and their relationship with surrounding properties and uses. The Preliminary Plan should contain the following elements:
         A.   A topographic map of the site and adjacent property showing existing natural features including wooded areas and major trees. A description of how the proposed development has planned to utilize the existing site, identifying changes to the existing site grading and noting major trees that will be removed as part of the proposed development.
         B.   A schematic plan showing the general development of the tract, location of existing and proposed structures, parking lot layout and other development features including the location of all out parcels.
         C.   An engineering feasibility statement in sufficient detail to indicate how the proposed development will be serviced with water, sanitary sewer and storm drainage facilities.
         D.   The proposed traffic circulation pattern showing public and private streets and other transportation facilities, including major pedestrian routes, with evidence through a traffic study that the proposed development will not adversely impact existing transportation facilities.
         E.   A conceptual landscaping plan that shows the ability of the proposed development to meet all aspects of Chapter 1173.
         F.   A proposed schedule or phasing of development of the site.
         G.   Evidence that the applicant has sufficient control over the land to accomplish proposed and required land improvements.
         H.   Any additional information required by the Planning Commission necessary to determine that the proposed development meets the intent and purposes of the Planned Residential District.
      (2)   Development Standards Text. A Development Standards Text shall be submitted as part of the Preliminary Plan and shall be narrative and graphics, as necessary, in order to detail the development standards to be applied to the development concept described in the Preliminary Plan. The Development Standards Text should clearly identify any standard that is less than the standards established by this Chapter. These modifications shall be justified by fully stating what adjustments, amenities or other compensations are provided as part of the Preliminary Plan to offset the use of reduced standards and by demonstrating how the modified standards will result in the best possible development for the site. Unless specifically modified by the Development Standards Text, the standards established by this Chapter shall apply to the proposed development.
      (3)   Development Plan. Following approval of the Preliminary Plan, and prior to issuance of a Zoning Certificate, a Development Plan shall be submitted to the Planning Commission for all or part of the area defined in the Preliminary Plan. The Development Plan is a detailed Site Plan which shall contain the following information and adhere to the Development Standards Text approved as part of the Preliminary Plan:
         A.   Site survey: On a survey show boundary information, existing and proposed development, existing and proposed topography, existing and proposed easements, rights-of-way and utilities.
         B.   Setbacks: The Site Plan shall indicate building, service areas, parking lot and signage setbacks including front yard, rear yard and side yard areas and shall be in accordance with the approved Development Standards Text.
         C.   Modifications of Development Standards of Text: Any desired modifications of the Development Standards Text approved as part of the Preliminary Plan shall be so indicated in a modified Development Standards Text document.
         D.   Height requirements: Maximum height requirements, including mechanical areas, parapets, etc. shall be made per the Development Standards Text requirements and shown on building front, rear and side elevation drawings.
         E.   Parking and loading: All parking and loading spaces shall be shown including typical dimensions of parking stalls, aisles and loading spaces, size, number of spaces and general location shall also be governed by the Development Standards Text.
         F.   Waste and refuse: Handling of all waste and refuse materials shall be indicated and described by the Development Standards Text to include appropriate screening and type of containerization.
         G.   Circulation: All major circulation routes, including arterials, adjacent curb cuts, collector and local streets shall be indicated including rights-of-way, dimensions, pavement widths and intersection improvements. All driveways/curb cuts shall be indicated, including major aisle ways and service routes. Major pedestrian circulation routes shall also be indicated including dimensions of path and pedestrian crossings, etc. plus any attempts at separating vehicular and pedestrian/recreation movement.
         H.   Landscaping: As part of the Development Plan, proposed landscaping shall be shown including the general landscaping pattern and type of materials, mounding and fencing. Landscaping may vary in density, spacing and other treatment to reflect variations and topography, existing landscaping or adjacent land uses and conform to Chapter 1173, Landscaping. Landscape features shall be shown as well as planting dimensions, height, caliper and type of plant materials per the Development Standards Text.
         I.   Signage and graphics: All signage and graphics shall comply with the Development Standards Text. Letter and other graphic size, sign material, shape, color and illumination (internal only) shall be indicated. This includes dimensions of all ground and wall signage as well as distances from rights-of-way and intensity of illumination. Directional signage shall also be indicated.
         J.   Lighting: All exterior lighting fixtures shall be shown including parking lot lighting, street walkway or pedestrian lighting, walkway accent, lighting and building accent lighting. Lighting intensity and installation height shall be indicated.
         K.   Fencing: All fences shall conform to the Development Standards Text and appropriate materials, heights, location and style indicated.
         L.   Architectural treatment: As part of the Development Plan, front, rear and side building elevations shall be shown in accordance with the Development Standards Text indicating building material, color and height. Color material samples shall also be made available for inspection.
(Ord. 95-36. Passed 6-20-95.)

1128.05 REVIEW BASIS.

   (a)   Preliminary Plan. The basis for the approval of the Preliminary Plan shall be:
      (1)   That the proposed development is consistent in all respects with the purpose, intent and applicable standards of the zoning ordinance.
      (2)   That the proposed development is in conformity with appropriate comprehensive planning or portion thereof as it may apply.
      (3)   That the acceptability of setbacks, distances between buildings, yard space, suitability of open space systems, traffic accessibility and other elements having a bearing on the overall acceptability of the Development Plan shall contribute to the orderly development of land within the City.
      (4)   That any modifications of minimum development standards established by the Planning and Zoning Code are properly identified and adequately justified in the Development Standards Text as necessary to insure a higher quality development.
      (5)   That the proposed development is in conformity with any design or site planning guidelines adopted by the Planning Commission.
      (6)   That the plan provides for the coordination and integration of individually designed buildings into one planned district.
   (b)   Development Plan. Basis for approval of a Development Plan shall be:
      (1)   That the plan is complete in all respects relative to the requirements set forth in Section 1128.04(a).
      (2)   That any modifications of the Development Standards Text approved as part of the Preliminary Plan support and enhance the purposes and intent of the Planning and Zoning Code, any applicable comprehensive planning programs and any design or site planning guidelines adopted by Planning Commission.
      (3)   That all engineering issues have been resolved to the satisfaction of the appropriate City staff and that final approval of the Development Plan is subject to the acceptance of final engineering of all phases of the development.
(Ord. 95-36. Passed 6-20-95.)

1128.06 PROCEDURES FOR APPROVAL.

   (a)   Submission of application for Preliminary Plan.
      (1)   Prior to filing an application for rezoning to a Planned Residential District, the applicant shall meet with staff in a pre-application review meeting to discuss the requirements for a Preliminary Plan and Development Standards Text which are required as part of the rezoning request.
      (2)   The applicant shall submit the rezoning application along with the required number of copies of the proposed Preliminary Plan and Development Standards Text in accordance with the submission schedule established by the Planning Commission. In order to defray the cost of examination of the rezoning application and the Plans and Text and review by the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council. Staff shall circulate the Preliminary Plan and other comments to appropriate departments in the City for review and comment.
      (3)   Once the applicant has submitted a completed application in accordance with the submission schedule, staff shall submit the application to the Planning Commission for their review and action, which shall be accomplished within a reasonable time. It shall be the duty of Planning Commission to review the Plan and determine whether it complies with the regulations of this Chapter. Planning Commission will forward a recommendation to City Council.
      (4)   A Preliminary Plan shall be valid for five years after City Council approval. Construction of any phase of the development must begin within this period or a new Preliminary Plan is required.
   (b)   Submission of Development Plan.
      (1)   Prior to filing for Development Plan Approval, the applicant shall meet with the Westerville Planning staff to review the Development Plan relative to the previously approved Preliminary Plan and Development Standards Text as well as procedures for approval.
      (2)   The applicant shall submit an application to the City including the required number of copies of the proposed Development Plan. Development Standards Text modification if appropriate, and any other required information in accordance with the submission schedule of the Planning Commission. In order to defray the cost of review of the materials by Planning staff and the Planning Commission, the applicant shall pay a fee in accordance with the fee schedule adopted and approved by City Council.
      (3)   It shall be the duty of the Planning Commission to review the plan and determine whether it complies with the regulations of this Chapter. Such determination shall be made within a reasonable time. If the Planning Commission finds that the Development Plan complies in all respects with the regulations of this Chapter and the previously approved Preliminary Plan and Development Standards Text, the Commission shall approve the plan. With the approval of the Planning Commission, minor modifications of the approved preliminary plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approved plan, it is considered to be a major change and the plan must be resubmitted to Council for approval.
      (4)   In the event that the Planning Commission does not approve the plan, each applicant shall be notified in writing of the reason for disapproval or modification along with the decision of the Planning Commission. Decisions of the Planning Commission disapproving the plan or approving it with minor modifications are appealable to City Council in accordance with the provisions of Section 1107.06(d).
   (c)   Conformance with the Development Plan. Development shall be in conformance with the Development Plan and construction of site improvements must be commenced within two years of Planning Commission or Council approval; otherwise no development of the land shall take place until a new Development Plan is approved pursuant to this section.
   (d)   Modification of the Development Plan. With the approval of the Planning Commission, minor modifications of the approved Development Plan may be made. Such modification shall not increase the overall density of the site or change the essential character of the approved plan. If the Planning Commission determines that such proposed changes significantly alter the approved plan it is considered to be a major change and the plan must be resubmitted to Council for approval. Development of land shall not proceed prior to final approval of the Development Plan. Any development undertaken without such final approval is in violation of this zoning ordinance and an abatable nuisance.
   (e)    Variances from Development Standards. The Planning Commission and/or City Council may approve variances from the Development Standards of this Chapter as part of the Development Standards Text and Development Plan. These variances shall be consistent with the intent of this zoning district. No action by the Board of Zoning Appeals is required for these variances.
(Ord. 01-81. Passed 1-15-02.)